[GA - Discarded] Psychiatric Care Act

Status
Not open for further replies.

Jag

Citizen
-
TNP Nation
Nouvel Empire
Discord
Jagged Fel#0174
ga.jpg

Psychiatric Care Act
Category: Health | Area of Effect: Healthcare
Proposed by: Jedinsto, Co-authored by: Morover | Onsite Topic


The World Assembly,
Recognizing the fundamental rights to treatment and care that people with mental illness possess, and the high quality of care necessary to treat these individuals,
And believing that these rights ought to be upheld by the World Assembly,
Enacts the following provisions into law:

  1. Gender identity, sexual orientation, political alignment or religious beliefs in and of themselves shall not be considered mental illness, nor shall any individual possessing these qualities be diagnosed with a mental illness on the basis of these characteristics.
  2. Individuals with mental illness may not be persecuted on the basis of them having said mental illness.
  3. Individuals may not be involuntarily admitted into a mental health facility unless it is an absolute necessity for the health and safety of the patient and/or others.
  4. When plausible and optimal for the patient's health, steps must be taken to treat a patient without having to admit them to a mental health facility.
  5. Individuals with mental illness shall not be denied access to qualified and appropriate psychiatric care, and any care that they receive shall be free of abuse and exploitation.
  6. Those with mental illness may refuse all care and treatment including but not limited to confinement to a mental health facility, unless they pose a direct threat to themselves or others.
  7. The following rights are guaranteed to patients in mental health facilities, and shall be upheld in all member-states:
    1. Uncensored communication (and uncensored receiving of communication) from within mental health facilities so long as all recipients (including the patient) agree to be contacted.
    2. Uncensored and daily allowance of visitation, as long as;
      1. The visitor(s) are not determined to pose an immediate threat to the safety of the patient or others,
      2. The patient being visited is not determined to pose an immediate threat to the safety of the visitor(s) or others, and
      3. The patient and visitor(s) both freely consent to the visit.
    3. Visits may be monitored by appropriately equipped facility staff at the patient's request or their visitor's request.
    4. Patients must be released from the mental health facility as soon as it is safe to do so for the patient as well as society, and with the patient consenting. Proper psychiatric help will continue to be offered so long as the former patient still requests or requires.
    5. All feasible steps to ensure an enjoyable and pleasant atmosphere, including a diversity of activities for both leisure and personal enrichment for all patients, will be taken within all mental health facilities.
    6. Freedom of movement and lack of restraint except where freedom of movement must be limited to prevent individuals from injuring themselves or others, or to prevent them from leaving the mental health facility.
    7. Provisions and rights guaranteed within this clause do not necessarily apply to individuals convicted of criminal offenses.
    8. The status of having a mental illness shall not be considered a crime.
  8. Following a patient’s release, efforts must be made by member nations to assimilate the former patient back into society.
  9. Patients are not permitted to be transferred outside of the jurisdiction of the World Assembly for the purposes of bypassing this resolution.

Co-author: Morover
Note: Only votes from TNP WA nations and NPA personnel will be counted. If you do not meet these requirements, please add (non-WA) or something of that effect to your vote.
Voting Instructions:
  • Vote For if you want the Delegate to vote For the resolution.
  • Vote Against if you want the Delegate to vote Against the resolution.
  • Vote Abstain if you want the Delegate to abstain from voting on this resolution.
  • Vote Present if you are personally abstaining from this vote.
Detailed opinions with your vote are appreciated and encouraged!


ForAgainstAbstainPresent
13110
 
Last edited by a moderator:

Jag

Citizen
-
TNP Nation
Nouvel Empire
Discord
Jagged Fel#0174
IFV

Overview
This proposed resolution requires World Assembly member states to clearly define what constitutes a mental illness, provide basic rights for anyone admitted to a mental health facility, including visitation rights and the adequacy of psychiatric care provisions, as well as for post-treatment support.

Recommendation
We believe the proposal is a satisfactory first step towards providing protection for those suffering from mental health issues. Mental health issues remain taboo in some countries and cultures and with grossly inadequate care and concern in others, and we are pleased that the resolution highlights an important issue not just for the benefit of the NationStates multi-verse but also in real life.

For the above reasons, the Ministry of World Assembly Affairs recommends a vote For the General Assembly at vote, "Psychiatric Care Act".

This IFV Recommendation was written in collaboration with our World Assembly Legislative League partners.
 
Last edited by a moderator:

nvxl

Graphics guy
-
Pronouns
he/they
TNP Nation
Norvarxilaland
Discord
nvxl#7835
For

My only gripe with this is that it lacks explicit provisions for cases where agency has been lost to the extent that refusal or consent are meaningless, and how this could be used in conjunction with some positive provisions to - for example - deny necessary care or coerce decisions against the wishes of an authorised able guardian. I'm surprised this is the case (though it's fairly likely I've misunderstood) and this could be corrected with a single clause.

That and "And" is used at the start of a preambulatory clause.
 

Simone_Republic

White, large bear
-
-
-
Pronouns
He/him
TNP Nation
Simone_Republic
I have significant issues with (3) and (6) not being tight enough which even when using RNT does not fully alleviate but I forgot to follow up on the gameside forum


I elaborated on the gameside forum here:

Same issues as when the previous resolution was repealed and I raised the same point back in March 2022 - basically the Lisbeth Salander/Nurse Ratched (Louise Fletcher or Sarah Paulson, depending on your age) argument - you have to have very solid scientific grinding and protections against potential abuse by care providers, and mechanisms in place for checks, second opinions (including random assessments and ongoing ones) etc - none of that is provided for via either clause 3 or clause 6 (or actually at all)

My edit was that "Those with mental illness may refuse all care and treatment including but not limited to confinement to a mental health facility, unless they are assessed by a competent legal authority to pose a direct and imminent threat to the life, health, safety or property of themselves or others, and that due process shall apply on any appeals against such legal authority."

Edit: after discussions, I plan to draft a resolution to regulate abuse of patients by care providers (all care providers, not just mental health) so I am OK with this going through. For
 
Last edited:

Simone_Republic

White, large bear
-
-
-
Pronouns
He/him
TNP Nation
Simone_Republic
"Psychiatric Care Act" was discarded by the WA for rule violations after garnering 11,431 votes in favor and 4,863 votes against. Accordingly, thread locked.
 
Last edited:
Status
Not open for further replies.
Top